Divorce & Separation In Pennsylvania

Grounds for divorce can be either NO-FAULT or FAULT. before you can file for a divorce in Pennsylvania, you or your spouse must have resided in the state for at least six months. Then you must prove that there are grounds, or lawfully acceptable reasons for a divorce.

If a divorce is by mutual consent and both parties sign Affidavits of consent to it, the court will grant a divorce three months after the service of the complaint on the other party. If only one spouse wants a divorce and the parties have been separated for at least two years, a divorce may be granted that the marriage is irretrievably broken. Both of these are NO-FAULT grounds for divorce.

Before someone can obtain a Fault divorce, two things must be proven. First, that he or she is "innocent and injured," or not at fault, and second, that misconduct by the other spouse has caused a breakdown of the marriage. Allowable grounds for FAULT divorce are specified by law, such as violence, bigamy, adultery, desertion, conviction of a crime or insanity.

- What is a legal separation?
- Can I stop my spouse from entering our home?
- What if my spouse has abused me?
- What is the role of a lawyer?
- What is a separation and property settlement agreement?
- What happens to real estate we own?
- What is marital property?
- Who owns the household goods?
- What about bank accounts?
- What if I don't want a divorce?
- What will be in the final court order?
- Can the court require counseling?
- Who pays the attorney's fees?
- What is an annulment?
- How can I help our children?
- What should I do if served with a divorce complaint?

WHAT IS A LEGAL SEPARATION?
Technically, there is no such thing in Pennsylvania as a "legal Separation." Separation simply means that you and your spouse no longer live together. separation may occur by mutual consent or by one of you leaving or being expelled from your home. Under some circumstances, you may be considered separated even though you and your spouse are still living together in the same residence.

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CAN I STOP MY SPOUSE FROM ENTERING OUR HOME?
Your spouse has a right to be on and in the proper that you both own or rent unless a court decides otherwise. If you lock your spouse out, he or she may be able to take appropriate action to regain entry to the property.

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WHAT IF MY SPOUSE HAS ABUSED ME?
If there as been actual or threatened abuse, your spouse may be ordered by the court to leave your residence and to stay away for up to one year. A protection from abuse order may me appropriate in some instances.

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WHAT IS THE ROLE OF A LAWYER?
If you and your spouse are having marital problems, your lawyer can assist you in three areas. First, an attorney will advise you  of your legal rights and duties. Second, he or she will help to bring about an agreeable settlement of the legal disputes which arise between you and your spouse as a result of separation or divorce. Finally, your lawyer is your representative in enforcing our rights in a court of law or in defending you if your spouse files an action against you.

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WHAT IS A SEPARATION AND PROPERTY SETTLEMENT AGREEMENT?
After a husband and wife separate, especially if they intend to divorce, it is desirable for them to enter into a written agreement to provide for:

Also included are many other items which set forth the mutual rights and duties of the two people. This agreement is a contract, but may be enforced as though it is an order of the court. Certain provisions in the agreement concerning child custody, visitation, and child support con later be modified by the court if circumstances change. The agreement is written by the attorneys representing you and your spouse following the negotiations.

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WHAT HAPPENS TO REAL ESTATE WE OWN?
Most married couples own their real property as "tenants by the entireties." This form of joint ownership means that neither spouse can sell the property during the marriage without the consent of the other. Upon divorce, however, unless the parties have written agreement providing for the division of the property, the court has the power to divide the property on equitable principles. This means that the court will take into account many factors when arriving at a fair division, although that does not always mean the property will be divided equally.

The court takes into consideration both spouses' economic and non-economic contributions to property acquired during the marriage. If neither you  and your spouse not the court divide the property, then the nature of the property automatically changes after divorce and you both  become "tenants in common."

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WHAT IS MARITAL PROPERTY?
The Divorce Code provides that all  property acquired by either spouse during the marriage, with certain exceptions like gifts and inherited property, is marital property, regardless of in whose name the property is held. It should be noted that the increase in value during the marriage of gifts, inherited property, and premarital property which remain in  one parties name, will also be considered marital property. Marital property, if not divided in the separation agreement, may be divided equitably by the court.

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WHO OWNS THE HOUSEHOLD GOODS?
Household items, such as drapes, carpets, furniture and appliances are generally not titled in either spouse's name. Unless you can show a different intent, the law treats all such property as being jointly owned and used for the benefit of both spouses, regardless of who actually paid for it. As part of the divorce, the court may conquered these things as marital property and distribute them accordingly.

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WHAT ABOUT BANK ACCOUNTS?
No matter whose name is on the account, you are both owners of the funds. If one spouse draws all the money out of an account, he or she may have to account to the other for the money, no matter who originally put the funds into the account or if the account is titled in only one name. As part of the divorce, the court may consider the bank accounts as marital property and equitably divide the funds, regardless of whose names were on the accounts.

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WHAT IF I DON"T WANT A DIVORCE?
If the divorce is on no-fault grounds, the only defenses are showing you have not lived apart for two years of that the marriage is not irretrievably broken.

In a fault divorce, your spouse must be "innocent and injured" to establish grounds. If you are able to prove that this is not the case, you may be able to prevent the divorce. You can also attempt to prove that the facts claimed by your spouse are false. There are certain other defenses that  may apply in specific situations. You should discuss with your attorney what courses of action might be available.

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WHAT WILL BE IN THE FINAL COURT ORDER?
When the court issues a Decree of Divorce, the order may include other matters if they were raised in the proceeding by either spouse. These include disposition of marital property and other property interests; child custody and visitation; child support; alimony; and enforcement of agreements voluntarily entered into by the parties.

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CAN THE COURT REQUIRE COUNSELING?
Yes. The court may require up to three counseling sessions with a qualified counselor within a three to four month period in the following cases:

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WHO PAYS THE ATTORNEY'S FEES?
The court has the power to award preliminary counsel fees to the dependent spouse. In addition, in the final order, after the property rights of the parties are determined, the court could direct the parties to pay their own costs and fees, or it may divide the costs and expenses equitably between the parties to pay their won costs and fees, or it may divide the costs and expenses equitably between he parties. Payment and recovery of costs and attorney's fees are matters to be discussed with your lawyer during the initial meeting.

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WHAT IS AN ANNULMENT?
An annulment my be sought for marriages that are by law invalid or which may be declared invalid by a court. Marriage is a contract, and if either individual was unable to enter the contract, because of intoxication, being under age, or fraudulent inducements, the court may determine that no contract of marriage ever existed. If you thin an annulment may be appropriate in your situation, discuss the matter with a lawyer.

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HOW CAN I HELP OUR CHILDREN?
Keep children out of the conflict! The problem should be worked out between you , your spouse and your attorneys, not through your children. Also, children often feel they are the cause of the problems and must be reassured that this is not the case. These are very difficult times for you and your family. Do not be afraid to get help from family and friends or by asking your attorney for the names of professional counselors or therapists.

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WHAT SHOULD I DO IF SERVED WITH A DIVORCE COMPLAINT?
A divorce action is like any other lawsuit. It begins with a complaint filed with the court and served on the person against whom it is filed. If you receive a divorcee complaint, you will have 20 days to respond. If you do not respond, the divorce may proceed without you being represented or having your rights protected.

You should consult an attorney, immediately upon receiving a divorce complaint. If you feel that you cannot afford an attorney, you should contact the community legal services in your county.

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